Opinion
CIVIL ACTION NO. 1:15-CV-95
05-07-2015
KEVIN SCOTT HOLMES, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Kevin Scott Holmes, a prisoner confined at the Beto Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends denying petitioner's motion for leave to proceed in forma pauperis.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#3) is ADOPTED. Petitioner's motion for leave to proceed in forma pauperis (#2) is DENIED. Petitioner shall pay the $5 filing fee within thirty days of this Memorandum Order.
SIGNED at Beaumont, Texas, this 7th day of May, 2015.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE